Citation : 2021 Latest Caselaw 1876 Jhar
Judgement Date : 10 June, 2021
IN THE HIGH COURT OF JHARKHAND AT RANCHI
A.B.A. No. 2284 of 2021
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Uma Devi @ Masomat Uma Devi ... Petitioner Versus The State of Jharkhand ... Opposite Party
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CORAM: HON'BLE MR. JUSTICE ANIL KUMAR CHOUDHARY
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For the Petitioner : Mr. Sanjeev Kumar, Advocate
For the State : Mr. Arup kr. Dey, Addl. P.P.
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Order No.02 Dated- 10.06.2021
Heard the parties through video conferencing. Learned counsel for the petitioner personally undertakes to remove the defects as pointed out by the stamp reporter within two weeks after the lockdown period is over.
In view of the personal undertaking of the learned counsel for the petitioner, the defects pointed out by the stamp reporter are ignored for the present.
Apprehending her arrest, the petitioner has moved this Court for grant of privilege of anticipatory bail in connection with Satgawan P.S. Case No.20 of 2018 registered under sections 304B/ 201/34 of the Indian Penal Code.
The Learned counsel for the petitioner submits that the allegation against the petitioner is that the petitioner committed the dowry death of her daughter-in-law -Kajal Kumari. It is further submitted that the allegations against the petitioner are all false. It is then submitted by the learned counsel for the petitioner, drawing attention of this Court to para-13 of the Judgment, passed by the learned Additional Sessions Judge-II, Koderma in S.T. Case No. 68 of 2018, the copy of which is kept at annexure-4 (page nos. 18-26) of the brief that in para -13 of the said Judgment, it has categorically been mentioned by the learned Additional Sessions Judge-II, Koderma that the witnesses have admitted that the marriage of the deceased with the accused was solemnized more than seven years prior to the occurrence and she died due to heart attack. It is then submitted that vide the said Judgment, the son of the petitioner has already been acquitted. It is then submitted that the petitioner is an old lady of 82 years. It is next submitted that the petitioner undertakes to cooperate with the investigation of the case. Hence, it is submitted that the petitioner be given the privilege of anticipatory bail.
Learned Addl. P.P. opposes the prayer for grant of anticipatory bail.
Considering the submissions of the counsels and the fact as discussed above, I am of the opinion that it is a fit case where the above named petitioner be given the privilege of anticipatory bail. Hence, in the event of her arrest or surrender within a period of six weeks from the date of this order, she shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate -1st Class, Koderma, in connection with Satgawan P.S. Case No.20 of 2018 with the condition that the petitioner will cooperate with the investigation of the case and appear before the Investigating Officer as and when noticed by him and will furnish her mobile number and a copy of her Aadhar Card in the court below with the undertaking that she will not change her mobile number during the pendency of the case subject to the conditions laid down under section 438 (2) Cr. P.C.
(Anil Kumar Choudhary, J.) Sonu/Gunjan-
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